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What are the charges for assaulting someone and breaking a collar bone?

Brooklyn, NY |

A male FTP , 200 pounds pushes a Crete , 130 pounds woman away from him , 5 seconds later losing it grabbing her by the neck and shoulder than proceeding to slam her through the wall breaking the houses beam as well as her collar bone then calmly calling for someone to help her up because , " [ he ] I just hit her " . Than fleeing .

Well what's the difference from 1st and 2nd degree assault ? I assumed a broken bone would constitute 1st especially since the wall and the beam could constitute as a deadly weapon(again assuming ) and knowingly performing this act on own free will. No drugs no liquor . Though im sure everything would be plea bargained down to something else, but for argument sake let's take plea bargaining out of the equation what degree of assault would this be constituted as ?

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Attorney answers 5

Posted

Speak with a criminal defense lawyer off line. This forum is not confidential. There are a variety of charges and defenses to the charges that are available.

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Posted

The person will likely be charged with second degree assault, which is a felony. I suggest the person hire good criminal defense lawyer.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Posted

Sounds like Assault 2, possibly Assault 1.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

Well what's the difference from 1st and 2nd degree assault ? I assumed a broken bone would constitute 1st especially since the wall and the beam could constitute as a deadly weapon(again assuming ) and knowingly performing this act on own free will. No drugs no liquor . Though im sure everything would be plea bargained down to something else, but for argument sake let's take plea bargaining out of the equation what degree of assault would this be constituted as ?

Posted

Assault 2d applies. The wall and a dangerous instrument or weapon is really stretching it, even for a prosecutor.

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Posted

The wall is not a "deadly weapon" or "dangerous instrument" its an assault second with a serious physical injury for protracted pain and suffering. The plea should be to a felony or misdemeanor with probation unless the defendant has a bad prior record.